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URGENT REQUEST PLEASE HELP

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Ultron
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URGENT REQUEST PLEASE HELP

Post by Ultron » Wed Aug 19, 2015 11:49 pm

Hello
I am on a general 2 year tourist vistor and I understand im only been allowed to stay in the UK for only 6months. However my wife who ive been living with since i got to the UK got pregnant for me in april of this year and i was advised to make an application for a right to remain before the end of my current 6month stay visa in order for me to not be an overstayer which i did. My question now is what are my chances of getting an indefinate right to remain as my wife is due in december. I came to the UK in Feburary and I made my application in July so my application was made before my 6 month stay exhausted although i have a 2year visa
Please advise

physicskate
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Re: URGENT REQUEST PLEASE HELP

Post by physicskate » Thu Aug 20, 2015 9:48 am

Ultron wrote:Hello
My question now is what are my chances of getting an indefinate right to remain as my wife is due in december. I came to the UK in Feburary and I made my application in July so my application was made before my 6 month stay exhausted although i have a 2year visa
Please advise
The answer to your question is zero.

Your application will be refused for several reasons. You cannot switch from a visitor visa to any other visa and you cannot claim parental rights for a child that has not been born. You will also not get your visitor visa renewed as you have shown the desire to frustrate the immigration rules.

You might have more success after the child is born. It would be easier for you to return to your home country and apply for a spouse visa.

Also, you would not get indefinite leave to remain on any initial application; you would either be on a 5 or 10 year path to ILR.

All of this assumes that your wife is British.

Ultron
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Re: URGENT REQUEST PLEASE HELP

Post by Ultron » Thu Aug 20, 2015 11:51 am

physicskate wrote:
Ultron wrote:Hello
My question now is what are my chances of getting an indefinate right to remain as my wife is due in december. I came to the UK in Feburary and I made my application in July so my application was made before my 6 month stay exhausted although i have a 2year visa
Please advise
The answer to your question is zero.

Your application will be refused for several reasons. You cannot switch from a visitor visa to any other visa and you cannot claim parental rights for a child that has not been born. You will also not get your visitor visa renewed as you have shown the desire to frustrate the immigration rules.

You might have more success after the child is born. It would be easier for you to return to your home country and apply for a spouse visa.

Also, you would not get indefinite leave to remain on any initial application; you would either be on a 5 or 10 year path to ILR.

All of this assumes that your wife is British.
Thank you so much for your response and yes my wife is 100% British and i completely understand what you have explained here but due to several reasons, my wife is unable to travel with me back to my original country shes lived here all her life and would not travel back to my original country (african) just to put to bed. Additionally we have been married for over a year now although we officially started living since January of this year and she took in april of this year, My initial plan was never to over stay my 6month grant visa despite im on a 2 year visa but when she took in, she never wanted me off her anymore. She stopped working almost completely due to the several illness which comes with pregnancy and I had to completely be by her side 24/7 attending several doctor appointments etc. We are due to have the baby in december anyways and while im willing to wait and risk it to after the baby has been born and then make another application my question is even after my first application has been refused is there any chance they might want me to appeal. Please advise

Thanks

Obie
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Re: URGENT REQUEST PLEASE HELP

Post by Obie » Thu Aug 20, 2015 4:36 pm

There may be an appeal right.

You may well have a chance after the baby is born and the visitors visa has elapsed.
Smooth seas do not make skilful sailors

Ultron
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Re: URGENT REQUEST PLEASE HELP

Post by Ultron » Thu Aug 20, 2015 5:44 pm

Obie wrote:There may be an appeal right.

You may well have a chance after the baby is born and the visitors visa has elapsed.
Yes thats what im trying to find out if a refusal always comes with an appeal and secondly
if an appeal is made, how long does it take in general order to get to court
Please advise

Thanks

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Casa
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Re: URGENT REQUEST PLEASE HELP

Post by Casa » Thu Aug 20, 2015 7:22 pm

What do you mean by 'despite im on a 2 year visa'? :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ultron
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Re: URGENT REQUEST PLEASE HELP

Post by Ultron » Thu Aug 20, 2015 8:03 pm

Casa wrote:What do you mean by 'despite im on a 2 year visa'? :?
2year tourist visa without recourse to public funds

Wanderer
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Re: URGENT REQUEST PLEASE HELP

Post by Wanderer » Thu Aug 20, 2015 8:07 pm

Casa wrote:What do you mean by 'despite im on a 2 year visa'? :?
My guess is 2 yr visa visa....
An chéad stad eile Stáisiún Uí Chonghaile....

Ultron
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Re: URGENT REQUEST PLEASE HELP

Post by Ultron » Thu Aug 20, 2015 8:12 pm

Wanderer wrote:
Casa wrote:What do you mean by 'despite im on a 2 year visa'? :?
My guess is 2 yr visa visa....
Yes
So back to my question
What are the chances of an appeal if my first application is refused
and 2ndly how long does it take to get to court if an appeal is to be made
Does it usually take weeks, months or what

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Casa
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Re: URGENT REQUEST PLEASE HELP

Post by Casa » Thu Aug 20, 2015 8:16 pm

Months, possibly years.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ultron
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Re: URGENT REQUEST PLEASE HELP

Post by Ultron » Thu Aug 20, 2015 8:20 pm

Casa wrote:Months, possibly years.
Thank you for that feedback Casa
This forum has been really helpful.
Now my final question.
The application was sent out in July
Biometrics completed in august.
Im expecting a decision in the month of October
November at the worst. If refused (God forbid) LOL i know the chances are slim but im keeping faith
then i put in an appeal. My baby is due in December and then you saying my appeal could take months or years

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Casa
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Re: URGENT REQUEST PLEASE HELP

Post by Casa » Thu Aug 20, 2015 8:28 pm

Yes.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ultron
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Joined: Wed Aug 19, 2015 11:44 pm

Re: URGENT REQUEST PLEASE HELP

Post by Ultron » Thu Aug 20, 2015 8:29 pm

Casa wrote:Yes.

Okay thank you very much!

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